( 1 ) THIS appeal is directed against the judgment and the order of conviction dated11. 12. 1998 passed by the Additional Sessions Judge in Sessions Case No. 74/96convicting the appellant undersections 21/23 of the Narcotic Drugs and Psychotropicsubstances Act (for short the Act ) and sentencing her to undergo rigorousimprisonment for ten years and to pay a fine of Rs. 1,00,000. 00 or in default to sufferfurther rigorous imprisonment for a period of six months.

BRIEFLY stated the prosecution case is that on 3. 4. 1996, two postal parcelsbearing Nos. R-250012 and R-250013 arrived at Frankfurt Airport, Germany, withflight No. AV018 from Bogota, Columbia destined for further transport to India. Atfrankfurt Airport, both the parcels were intercepted by the Custom Officer Mr. Rabolt,who had handed over them to the Chief Inspector Customs Mr. Prior. Both theparcels, when opened in the presence of the Custom Officer Mr. Hilder Brand, testedpositive for cocaine. Consequently, a criminal case was registered vide Referenceno. 89js 141520/96 and both the parcels containing contraband were seized andconfiscated by the Custom Authorities, Government of Germany. After obtainingsanction from the Chief Public Prosecutor, Government of Germany, Dr. Leistner, thenarcotics Control Bureau, Govt. of India (for short "the NCB") was requested for acontrolled delivery. By the order dated 4. 4. 1996 (Ex. PW-16/a), the Government ofindia empowered the NCB to undertake controlled delivery of the said consignment. On 9. 4. 1996, the aforesaid parcels were handed over to the Captain of the Lufthansaairlines Mr. Manfred Montjoge for their delivery to Mr. Berned Engel, German Drugliaison Officer posted in India. On 10. 4. 1996, the said consignment arrived at I. G. I. ,airport, New Delhi by the morning flight. Mr. Montjoge delivered the parcels to Mr. Berned Engel, who in turn handed over them to Mr. Shailendra Sharma (PW-12)atthe airport. The parcel No. 251002 destined for Goa had been handed over to theofficers of the NCB, Bombay Zonal Unit and the parcels No. 251003 destined fordelhi remained in the custody of Shri Shailendra Sharma. The further case of theprosecution is that Deputy Chief Post Master, Mr. R. P. Sharma was contacted by thezonal Director NCB, Mr. Mukesh Khullar and a plan was chalked out to nab theclaimant of the parcel bearing No. 251003. According to the plan, the intimation slip (Ex. PW-1/d) was prepared and kept in the post restante counter under surveillanceof the Officers of the NCB.

( 2 ) ON 19. 4. 1996, at about 10 A. M. , the appellant came to the post restante counter. She picked up the intimation slip (EX. PW-1/d) and requested postal Assistantmr. Vasudev (PW-7) to deliver the said parcel to her. The intimation slip (Ex. PW-1/d)was in the name of elizabeth Evans and the appellant s passport was issued in thename of Emma Charlotte Eve. The appellant, therefore, addressed an application (Ex. PW-1/f) to the Chief Post Master, GPO explaining the discrepancy in her nameand that of on the parcel. Being satisfied with the explanation offered by the appellant,deputy Chief Post Master Mr. R. P. Sharma (PW-14) allowed the appellant to takedelivery of the parcel in question. Thereafter, the parcel, which was in the custody ofmr. Sahilender Sharma (PW-12) was delivered to the appellant by Mr. Vasudev (PW7), in the presence of Smt. Suman Kumari Yadav (PW-11 ). who had disguisedherself as the postal Assistant.

( 3 ) THE appellant, after taking delivery of the parcel, proceeded to the Shiva Guesthouse on a three wheeler driven by Rakesh Sharma (PW-10 ). The Officers of thencb followed the appellant from the post office to her guest house and accosted herto her room. On being asked by the officers of the NCB, the appellant handed overthe said parcel to them, which was found to contain 122 grams of cocaine. The saidparcel was seized vide seizure memo (Ex. PW-1/h ). Two representative samples of5 gms. each were drawn and kept